Patna High CourtCR. MISC./22323/2021bail granted

Md. Jahangir @ Jahangir v. The State Of Bihar

2021-09-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22323 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- ARARIA District- Araria ====================================================== MD. JAHANGIR @ JAHANGIR S/O LATE ZIYAUDDIN RESIDENT OF VILLAGE-ISLAM NAGAR, WARD NO 27, P.S-ARARIA, DISTRICTARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jaldhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, a total of 118.3 litres of cough syrup was recovered from the possession of the petitioner of which 16.3 litres was recovered from his house and the remaining from a vehicle.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession or his house. He has been falsely implicated in the case. The petitioner is in custody since 7.1.2021. He has no

Patna High Court CR. MISC. No.22323 of 2021(2) dt.17-09-2021 2/2 criminal antecedent under the Bihar Prohibition and Excise Act, 2016. Charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the period in custody and the petitioner not having any criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court directs the petitioner to be enlarged on bail in connection with Special Case no. 27 of 2021 (arising out of Araria P.S Case no. 18 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria.

(Partha Sarthy, J) Prakash/- U